Victorian Current Acts

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CORONERS ACT 2008 - SECT 76A

Amendment of wording of decision

    (1)     The following persons may apply to the Coroners Court for the making of an amendment to the wording of a decision made by a coroner or the Coroners Court in relation to an investigation of a death—

        (a)     the senior next of kin of the deceased person;

        (b)     an interested party in relation to an inquest in respect of the death;

        (c)     any other person if the Coroners Court is satisfied that—

              (i)     the person has a sufficient interest in the investigation; and

              (ii)     it is appropriate for the person to be granted leave to make the application.

    (2)     The Coroners Court may order that the wording of the decision be amended in the manner specified in the order if satisfied that the amendment—

        (a)     would not be inconsistent with a finding under section 67(1) in relation to the investigation to which the decision relates; and

        (b)     would not require the investigation to be re‑opened; and

        (c)     does not appear to be prejudicial to a person (other than the applicant) who is an interested party in relation to an inquest in respect of the death; and

        (d)     is otherwise appropriate in all the circumstances.

    (3)     An application under subsection (1) must be made within 3 months after the date on which the decision was made.

    (4)     For the purposes of hearing an application made under this section, the Coroners Court must be constituted by the coroner who conducted the original investigation unless—

        (a)     the coroner who conducted the original investigation no longer holds the office of coroner; or

        (b)     there are special circumstances.

S. 77 (Heading) amended by No. 48/2018 s. 9(1).



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